Order granting father’s petition to modify child custody rights awarded to mother in parties’ prior divorce decree, PARTIALLY REVERSED; mother’s claim of error in trial court’s custody award, DISMISSED, as child turned 18 shortly after instant appeal was docketed; trial court ERRED to extent that it required mother to pay child support pursuant to OCGA 19-6-15 (e), with no limit as to age, because financial assistance after child reaches age of majority but is still in secondary school is only required until child reaches age 20; trial court’s award of attorneys’ fees to father, VACATED and case remanded, because original award of attorneys’ fees failed to include statutory basis for award of findings authorized award, and no evidence showed that mother received proper notice or opportunity for hearing.

Francis-Rolle v. Harvey, A11A0357 (05/05/11)

From:  Fulton County Daily Report, May 20, 2011

Judgment AFFIRMED in parties’ divorce case; trial court correctly applied source of funds rule in classifying sales proceeds from wife’s premarital house as her sole and separate property – unemployed husband presented no proof that he made alleged mortgage payments or performed any handyman work around house; husband’s claim regarding wife’s bank and credit union accounts failed, absent findings of fact, which neither party asked for; husband failed to show that trial court erred in awarding wife attorneys’ fees for his stubborn litigiousness; husband could not show that he was without fault in failing to appear at trial since he had ample notice.

Windham v. Araya, S09F1457 (02/08/2010), 10 FCDR 322